Mendocino — EM-100-INFO

Source: http://www.courts.ca.gov/documents/em100info.pdf

• family counseling or mediation services between you and your parents • living with another responsible adult (aunt, uncle, grandparent, or family friend) EMANCIPATION • seeking assistance from public and private agencies • an informal agreement with your parents allowing you to live outside your home PAMPHLET

This pamphlet provides only basic information
about emancipation proceedings.
If you need additional information, you may
wish to consult an attorney.

Form Approved for Optional Use
Judicial Council of California
EM-100 -INFO (Rev. September 1, 2018) EM-100-INFO8

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WHAT IS EMANCIPATION? WHAT DO I DO IF THE JUDGE GRANTS MY Emancipation is a legal procedure that frees children from PETITION FOR EMANCIPATION? the custody and control of their parents or guardians before If the judge grants your petition for emancipation after athey reach the age of majority. (In California, this is age 18.) hearing is held or without a hearing, you must take yourIf you become emancipated, you will be able to do certain papers back to the clerk's office and file them. The clerk willthings without your parent's consent, such as: file the original declaration of emancipation, and give you • consent to medical treatment copies to keep as proof of emancipation. You may need to • apply for a work permit show these copies to employers, landlords, doctors, school officials, or others who would otherwise require parental • enroll in school or college consent. You will also give up your right to be supported by your If you want to notify the Department of Motor Vehicles parents. (DMV) about your emancipation, complete an Emancipated Minor's Application to California Department of Motor Even if you are emancipated: Vehicles (EM-140) form and take it to the DMV along with • You must still attend school. a certified copy of the declaration of emancipation. • You cannot get married without parental consent. • You probably will remain under juvenile court IS EMANCIPATION PERMANENT? jurisdiction, if you commit a crime. Emancipation is usually permanent. However, if there are statements on your petition that are not true, or if you become unable to support yourself, the court may set asideIF YOU HAVE A LEGAL GUARDIAN: the declaration of emancipation. All references in this pamphlet to parent or parents include legal guardians or guardians.

DO I HAVE CHOICES OTHER THAN

HOW DO I BECOME EMANCIPATED? EMANCIPATION? There are three ways you can become emancipated: Emancipation is only one of several alternatives available to you if you feel you cannot live with your parents. You may1. You can get married (This requires parental consent and want to consider other options such as: permission from the court.)

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1. You can join the armed forces. (This requires parental • set a hearing on your petition to be conducted within consent and acceptance by the service.) 30 days thereafter. 3. You can obtain a declaration of emancipation from aThe clerk will provide you with an endorsed filed copy of judge.

the judge's order. This pamphlet tells you only about how to be declared emancipated by a judge. If you want to be declared Declaration of emancipation without hearing emancipated by a judge, you must convince the judge that you meet ALL of the following requirements:If the judge finds that all notice and consent requirements have been met or waived, and that emancipation is not 1. You are at least 14 years old. contrary to your best interests, the judge may grant your 2. You willingly want to live separate and apart from your petition without a hearing. parents with the consent or acquiescence of your parents. (Your parents do not object to you living apart from them.) Setting a hearing and giving notice 3. You can manage your own finances. If the judge wants more information, a hearing will be held 4. You have a source of income that does not come fromwithin 30 days of the order prescribing notice and setting for any illegal activity.hearing. If the judge orders the matter set for hearing, the clerk will notify the district attorney of the time and date of 5. Emancipation would not be contrary to your best the hearing. The judge may require that you give notice to interests; it is good for you. your parents and other people of the time and place of the HOW DO I GET DECLARED EMANCIPATED BY Ahearing. This is very important, because the judge may be JUDGE?very strict about making sure that your parents were given proper notice before granting an emancipation petition. You will need to complete certain forms and file them with the court. You can get blank forms to fill out from the court Notice is provided by giving or mailing a copy of the clerk's office. The forms you must fill out are: emancipation petition to each person the judge lists for you. • Petition for Declaration of Emancipation of Minor,An adult, 18 years or older, must personally give or mail the Order Prescribing Notice, Declaration ofcopies for you as soon as possible after the hearing date is Emancipation, and Order Denying Petition (EM-100)set, and complete a Proof of Service form to be filed with the clerk. • Emancipation of Minor—Income and Expense Declaration (EM-115)

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• Notice of Hearing (EM-109) why you want to be emancipated, and how you are supporting yourself. If you have children, tell how • Declaration of Emancipation of Minor After Hearing you are supporting them. You could also include (EM-130) letters from your employer and your landlord. Emancipation petition • If you do not know where your parents or guardians live, you must tell the court when you last saw yourYou must file a Petition for Declaration of Emancipation of parents and what efforts you have made to find outMinor form (EM-100) in the county in which you live. where your parents live.(Check with your local clerk's office to find out which division of the court handles emancipations. If you are a • If you know where your parents live, but they refuse dependent or ward of the juvenile court, the petition must be to sign the consent, you must get a hearing date from filed in juvenile court.) Only you may petition the court for the clerk, and give notice of the hearing to your emancipation. You will be asked to provide a verifiable parents. residence address. You must also complete and attach to the • If you know where your parents live, but you do not petition an Emancipation of Minor—Income and Expense wish to notify one or both of them about this petition, Declaration form (EM-115). you must state ALL your reasons and request the court to waive notification to your parents. Filing fee or waiver Filing the petition and the other formsYou may be required to pay a fee to file your emancipation petition. Ask the clerk if a fee is required. If you cannot After you have completed the forms and all necessary afford to pay the fee, you can file an application to have the attachments, and obtained your parents' signatures (if fees waived, including an Application for Waiver of Court possible), take the forms and the attachments to the clerk's Fees and Costs form and an Order on Application of Court office for filing. (When you pick up the blank forms, ask the Fees and Costs form. Unless waived, the petitioner shall clerk how many copies of each form you will need to bring pay the filing fee as specified. The ability or inability to pay with you. Be sure to keep a copy for yourself.) When you the filing fee is not in and of itself evidence of the financial get to the court, tell the clerk that you are filing a petition responsibility of the minor as required for emancipation. for emancipation and show the clerk your papers. The clerk will keep at least one copy of your petition. The clerk will Filling out the forms either give or direct you to give the petition to the judge. Within 30 days from the filing of the petition, the judge will • Print or type ALL information requested on the forms. either • Sign and date the petition. • grant your petition; or • Include a statement explaining your living situation, • deny your petition; or 4 5